defendants taking their case to trial are provided with all evidence relevant to guilt determinations consistent with the requirements of Brady v. Maryland, 373 U.S. 83 (1963), and other applicable law.
8. Stop Using Arrest Warrants as a Means of Collecting Owed Fines and Fees
As Ferguson's own Municipal Judge has recognized, municipal code violations should result in jail in only the rarest of circumstances. To begin to address these problems, Ferguson should only jail individuals for a failure to appear on or pay a municipal code violation penalty, if at all, if the following steps have been attempted in a particular case and have failed:
- Enforcement of fines through alternative means, including:
- Assessment of reasonable late fees;
- Expanding options for payment through community service;
- Modified payment plans with reasonable amounts due and payment procedures;
- A show cause hearing on why a warrant should not issue, including an assessment of ability to pay, where requested. At this hearing the individual has a right to counsel and, if the individual is indigent, the court will assign counsel to represent the individual. See Mo. Sup. Ct. R. 37.65; Mo. Mun. Benchbook, Cir. Ct., Mun. Divs. § 13.8;
- Personal service on the individual of the Order to Show Cause Motion that provides notice of the above information regarding right to counsel and the consequences of non-appearance; and
- If the above mechanisms are unsuccessful at securing payment or otherwise resolving the case, the court should ensure that any arrest warrant issued has the instruction that it be executed only on days that the court is in session so that the individual can be brought immediately before the court to enable the above procedures to be implemented. See Mo. Mun. Benchbook, Cir. Ct., Mun. Divs. § 13.8 ("If a defendant fails to appear in court on the return date of the order to show cause or motion for contempt, a warrant should be issued to get the defendant before the court for the hearing.") (emphasis added).
9. Allow Warrants to be Recalled Without the Payment of Bond
Ferguson recently extended its warrant recall program, also called an "amnesty" program, which allows individuals to have municipal warrants recalled and to receive a new court date without paying a bond. This program should be made permanent. The municipal court should:
- Allow all individuals to seek warrant recall in writing or via telephone, whether represented by an attorney or not;
- Provide information to a participating individual at the time of the warrant recall, including the number of charges pending, the fine amount due if a charge has been assessed, the options available to pay assessed fines, the deadlines for doing so, and the requirements, if any, for appearing in court.
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